Judge Thomas Pender concluded that HTC failed to acquire all the rights in the relevant patents. Several of the patents transferred to HTC had been through five or more parties in their decade-old lifespan, obfuscating the ownership somewhat, while many limitations and restrictions were applied by patent-owner Google before the latest transfer.

The decision is appealable, and the issues with rights limitations on the patents can in theory be resolved. Google could join the suit as an additional complainant, which could ratchet up the legal tensions between the two giants already aggravated by the Motorola vs. Apple ongoing drama.

The HTC One X and EVO 4G LTE phones have recently been released from customs following an Apple ITC victory against sales in the United States. Apple has recently filed a third ITC complaint versus HTC against 29 separate HTC devices, and has asked for an emergency proceeding to block the sales of the devices.